The decision means Starks will not face the possibility of life in prison if found delinquent, the juvenile court equivalent to guilty.

A major factor in choosing to not send the case to adult court was testimony from psychologist John Fabian of Cleveland, who performed a mental health evaluation on Starks.

“In making this decision, the testimony of Dr. Fabian stands out the most persuasively, and as the state argued in closing, his opinion should be given the most weight,” Smith said in his seven-page decision. “Within his written evaluation, and also while on the witness stand, (Fabian) 'sat on the fence' and struggled to render an ultimate opinion on a juvenile that he referred to as an 'outlier' of sorts.

“What Fabian did state very strongly and sincerely, was his expert opinion that the best fit for this juvenile and this scenario could be the Serious Youthful Offender 'blended sentence' alternative… which he stated he would be very comfortable with,” Smith opined.

Under SYO rules, Starks would have the right to request a jury trial, rather than a bench trial where the judge determines whether he is delinquent or not delinquent of a crime.

In his ruling, Smith said 8 out of 10 factors cited by the prosecution did not weigh in favor of transferring the case to adult court .

In one factor, for example, Smith disagreed with the prosecution's argument that the teen's relationship with the victim facilitated the act.

"Despite the fact that the child and victim were legally related as cousins, and further, were friends, the court finds that there is no evidence presented that the existence of these relationships specifically facilitated the act charged; and further finds that this is not the type of "relationship" situation that the statute intends this factor to apply to; and as such, this factor does not weigh in favor."

Smith also stated there was not sufficient evidence that the alleged crime was gang-related.

Starks, 15, is alleged by Fremont Police to have fatally shot Jaylan Brock, his 14-year-old cousin, last September.

Smith agreed with arguments made by Starks' attorney, Adam Stone of Bucyrus, that the teen is not mature enough to be transferred to adult court, and that Starks' mental health evaluation showing he suffers from depression weighs against transferring the case.

Stone said on Monday that he believes Smith made the right decision in keeping the case in juvenile court.

"It's tragic all the way around, and this decision does not bring back (Jaylan Brock)," Stone said. "But Judge Smith made the right decision."

Stone said he had been unsure how Smith would rule before the judge issued his decision Monday.

Moving forward, Stone said, he plans to do his best to provide legal counsel to Starks.

"I haven't had a chance to discuss having a jury trial with my client, but it's something I've been thinking about," he said. "Every little bit of evidence and testimony will be handled as if it were bound over."

Elijiah Starks, 15, is charged with the murder of his 14-year-old cousin Jaylen Brock.(Photo: File)

A bindover hearing was held July 10 and 11 to determine if Starks would be tried as an adult or if his case would stay in juvenile court.

If tried as an adult and convicted of aggravated murder with gun specifications, Starks could have faced 18 years to life in prison.

In juvenile court, Starks could face a blended sentence if found delinquent of murder.

In a blended sentence, Starks would serve time in a Department of Youth Services facility and consecutive time added for gun specifications in the alleged crime.

At a May court hearing, Smith called Starks a "big hot mess" after the teen allegedly assaulted five corrections officers at the Sandusky County Juvenile Detention Center in April.

After pleading guilty to assault, Starks was sentenced to the DYS Indian River, a juvenile correctional facility in Massillon where he has been housed since late May.

When Starks appeared for his July 10 bindover hearing in Fremont, five employees from Indian River did not show, and a second day was added to the hearing.

In lieu of housing Starks for one night, Smith had the DYS guards drive the teen back to Indian River because of the issues Starks had during his time in Sandusky County Juvenile Detention Center.

Sandusky County Prosecutor Tim Braun and assistant prosecutor Rachel Dewey argued at the hearings two weeks ago that Starks should be tried as an adult because the teen could not be rehabilitated by the juvenile justice system.

Braun noted that Fabian, a psychologist who testified during the bindover hearing, said that Starks lacked empathy.

Stone pointed out during the hearing that his client is a child, and contended that he could be rehabilitated through programming at Indian River.